so I took some time to listen to the big oral arguments today, and you can too, below ⬇️
U.S. Supreme Court Oral Argument: Dobbs v. Jackson Women's Health Organi...
A short thread 1/
2/ I am not quite as certain that Roe is finally gonna go away, but certainly I didn’t hear anything from any of the conservatives suggesting they wanted to uphold it. I heard a few try to ask if there was any way, if they were hearing this question for the first time today…
3/ … That viability or any other standard would make sense. And that’s where I think it got kind of comedic. Literally no one in the entire room understood why the Casey court focused on viability, and I suspect that lack of understanding might doom the right to abortion.
4/ and the reason why is because what Casey was actually saying is so weird and nonsensical that even fellow justices can’t get it. The only way to understand why viability is so important to justices O’Connor, Stevens and Kennedy was because they were thinking…
5/ … Was this was the moment when the fetus could be safely removed from the woman. Like they literally imagined that doctors would say “would you like an abortion or just to remove the fetus and let it try to survive?” I believe they even suggested that eventually abortion…
6/ … Would be completely illegal under the standard which makes it certain degree of sense. They are already creating artificial wombs for sheep. It is reasonable to suppose there might be able to create them for humans, and thus if a woman doesn’t want to give birth to a…
7/ … Child, the person might be able to just simply put the baby in the artificial womb. I have mentioned before that I have enjoyed sci-fi novels were this was a major premise.
8/ The problem is right now this is completely disconnected from any current reality. I have talked to numerous medical professionals when I first understood finally what they were getting at and they said unequivocally no one would remove a fetus from a woman just because…
9/ …the fetus had reached viability. So the entire premise of Casey, which is the case that upheld Roe, has no reality behind it. Indeed it has so little reality behind it that 9 Supreme Court justices and three intelligent lawyers (and their staffs) couldn’t even comprehend…
10/ … what the court was saying in Casey. Which is kind of funny but there you go. /end
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2/ Let’s go over the evidence. First there is pretty strong evidence that the parents bought the gun in essence for #EthanCrumbley, the shooter. But before you think they are guilty of some kind of gun charge let me remind you of what the Rittenhouse case should’ve taught you:
3/ it’s more complicated than that. Michigan law does not completely prohibit minors from having guns. They prohibit them from having guns *in public*— and there are numerous exceptions to that ban in public. So even if they were explicitly letting him posses the gun…
So she is suggesting that this was a straw purchase. I think that does elevate that above simply “you didn’t lock your gun up well enough.” Cc @PolitiBunny
Of course the problem is it isn’t a crime in Michigan for a minor to possess a gun—only to posses it in public and with other exceptions. Which I suppose that’s why they’re not charging them with some kind of straw purchase statute cc @PolitiBunny
Yeah, listening to the entire thing this seems really thin and it just smells like a prosecutor just trying to look like they’re doing *something.*!For instance there’s no evidence that some of the warning signs even was communicated to the parents. 1/
To the people upset today about the #RittenhouseVerdict let me suggest that you consider a possibility: are you sure you are right?
You base your perception of the case on certain facts. But are you certain those “facts” are actually true?
Thread
Lawyers learn to ask themselves constantly “how do I know this? And is my source of information correct?” Try that exercise for every fact you believe to be true.
For instance, you often hear that #KyleRittenhouse brought a gun across state lines.
Except there isn’t a scintilla of evidence that he did so. A Wisconsin resident stated that he gave him the gun after he arrived in Kenosha.
Sometimes a fact can also be true and distorted. You hear a constant drumbeat of “he crossed state lines.”
One serious problem is how much the media has been increasingly become part of the story—including part of the trial. Thread
As much as possible a reporter should not allow him or her self to become part of the story. Obviously that’s not always possible. If a reporter is doing an expose on human rights conditions in China and he gets captured by Chinese authorities, he’s now part of the story.
So I get that sometimes it can’t be avoided. But as much as possible it should be avoided. But now we see the media going all “Leroy Jenkins” on this.
first, the level of misinformation and disinformation coming out of the media has always been off the charts.
Let me take a moment to explain something that a lot of people don’t understand about the #RittenhouseTrail
normally there can only be one trial growing out of the events we saw on the video. I am simplifying a little, but that’s what the double jeopardy clause means
Thread
But there is an exception. Typically if the defense asks for a mistrial they are basically waiving the double Jeopardy issue. So if the prosecutor asks for a mistrial, the judge can grant it, but they can’t try the guy again.
But if the defense asks for one then the defendant can be tried again.
now sometimes, prosecutors want to have a second trial because the first isn’t going particularly well and a second trial would allow them to be more prepared for what the defense might do